Executive Summary:
This document addresses questions regarding the enactment of a Municipalities Extension to Scheduled Areas (MESA) law, the formation of civic bodies in scheduled areas, and related proposals. The Ministry of Tribal Affairs clarifies that the Ministry of Housing and Urban Affairs (MHUA) oversees these matters. A MESA Bill introduced in 2001 is under consideration, with consultations ongoing with various states.
Key Points / Main Content:
Constitutional Provisions:
* Part IXA of the Constitution does not automatically apply to Scheduled Areas (Article 244).
* Parliament may extend Part IXA to Scheduled Areas via law, with exceptions and modifications (Article 243ZC3).
* Governors can modify or prevent the application of Parliamentary or State laws in Scheduled Areas via public notification (Fifth Schedule, Article 244).
* Municipalities may be constituted in Scheduled Areas with the Governor's approval via public notification.
MESA Bill, 2001:
* The MESA Bill, 2001 was introduced in Rajya Sabha on 30.07.2001.
* A Parliamentary Standing Committee reviewed the Bill and submitted its report in October 2003.
* Amendments to the Bill are being considered based on the Standing Committee's recommendations.
* Consultations with ten states were initiated in 2020 to gather feedback on the Standing Committee's recommendations.
* Responses from eight states have been received; Jharkhand and Maharashtra's responses are still pending.
Impact Analysis:
Ministry of Housing and Urban Affairs (MHUA):
* Impact: Responsible for the subject matter of Municipalities Extension to Scheduled Areas (MESA).
* Action Required: Provide inputs/information related to Municipal Corporations, Municipalities and other Local Self-Government Administrations in Scheduled Areas.
State Governments (Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana):
* Impact: Their territories include Scheduled Areas potentially affected by MESA and the formation of civic bodies.
* Action Required: Jharkhand and Maharashtra need to provide comments/views on the recommendations made by the Standing Committee to MESA Bill.
Parliament:
* Impact: May be required to legislate on the extension of Part IXA to Scheduled Areas.
* Action Required: Consider and potentially enact legislation related to MESA.
Governors of Relevant States:
* Impact: Authority to approve or modify the application of laws in Scheduled Areas.
* Action Required: Review and approve the formation of municipalities through public notification in their respective states.
Key Entities Referenced
Ministry of Tribal Affairs: A ministry of the Government of India responsible for the welfare and development of Scheduled Tribes.
Article 243ZC of the Constitution: A provision in the Constitution of India related to the non-application of Part IXA (The Municipalities) to Scheduled Areas and tribal areas.
MESA law: Municipalities Extension to Scheduled Areas Law. It refers to extending the provisions related to municipalities to scheduled areas.
PESA: Panchayats (Extension to Scheduled Areas) Act. It extends the provisions related to Panchayats to scheduled areas.
Ministry of Housing and Urban Affairs: A ministry of the Government of India responsible for matters related to housing and urban development, including municipalities.
Article 244: Article in the Constitution of India which makes provisions for administration of Scheduled Areas.
The Municipalities Extension to the Scheduled Areas Bill, 2001: A bill introduced in the Rajya Sabha in 2001 to extend provisions relating to Municipalities to the Scheduled Areas.
Rajya Sabha: The upper house of the Parliament of India.
GOVERNMENT OF INDIA
MINISTRY OF TRIBAL AFFAIRS
LOK SABHA
UNSTARRED QUESTION No. 4633
TO BE ANSWERED ON 21.08.2025
Constitution of Civic Bodies in Scheduled Areas
✝4633. SHRI RAJKUMAR ROAT:
Will the Minister of TRIBAL AFFAIRS be pleased to state:
(a) whether it is mandatory to enact a MESA law on the lines of PESA before forming civic bodies
in scheduled areas of the country as per Article 243ZC of the Constitution and if so, the details
thereof;
(b) whether the Government intends to stop the formation of new civic bodies and the expansion
of previously formed civic bodies in scheduled areas which are formed in violation of
constitutional provisions and if so, the details thereof;
(c) the number of civic bodies in scheduled areas of the country, name, year and State-wise;
(d) whether any proposal regarding the MESA law is under consideration of the Government and
if so, the details thereof; and
(e) whether the Union Government has received any proposal from any State Government
regarding the formation or restriction of civic bodies in scheduled areas and if so, the details
thereof?
ANSWER
MINISTER OF STATE FOR TRIBAL AFFAIRS
(SHRI DURGADAS UIKEY)
(a) to (e): As per Government of India (Allocation of Business) Rules, 1961 the subject matter of
Municipal Corporations, Municipalities and other Local Self-Government Administrations is
allocated to Ministry of Housing and Urban Affairs. As such, the subject matter of Municipalities
(Extension to Scheduled Areas) in short ‘MESA’ comes under purview of Ministry of Housing
and Urban Affairs (MHUA). Therefore inputs/information was sought from MHUA. The Ministry
of Housing and Urban Affairs has informed that:
Constitutional provisions in respect of application of Part IXA (The Municipalities) to the
Scheduled Areas and the tribal areas are as under:
243ZC(1) : Nothing in this Part (IXA) shall automatically apply to the Scheduled Areas
referred to in clause (1) and the tribal areas referred to in clause (2) of Article 244.
243ZC(3) : Notwithstanding anything in this Constitution, Parliament may, by law, extend
the provisions of this Part (IXA) to the Scheduled Areas and the tribal areas referred to in clause(1) subject to such exceptions and modifications as may be specified in such law, and not such law
shall be deemed to be an amendment for the purpose of Article 368.
2. However, para 5 (1) of the Fifth Schedule under Article 244 provides that - "
Notwithstanding anything in this Constitution, the Governor may by public notification direct that
any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled
Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the
State subject to such exceptions and modifications as he may specify in the notification and any
direction given under this sub-paragraph may be given so as to have retrospective effect." By
virtue of these provisions, municipalities may be constituted in the scheduled areas by way of
public notification with the approval of the Governor of the concerned State.
3. The Provisions of the Municipalities (Extension to the Scheduled Areas) Bill, 2001
(MESA Bill, 2001) was introduced in Rajya Sabha on 30.07.2001. The Bill was referred to the
Parliamentary Standing Committee on Urban and Rural Development (Thirteenth Lok Sabha)
which submitted its report in October, 2003. Based on the recommendations of the Standing
Committee, it was decided to seek approval of the Cabinet for amendment to the provisions of the
MESA Bill, 2001. However, the draft Cabinet Note could not be circulated.
4. Subsequently, with the approval of the Hon'ble HUAM on 04.02.2020, it was decided to
pursue the Bill, as recommended by the Standing Committee. It was also decided to start
consultations with the stakeholders before seeking approval of the Cabinet. Accordingly,
views/comments were sought from 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat,
Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana
on the recommendations made by the Standing Committee to MESA Bill. The requisite
comments/views from eight States have been received so far and comments/views from two States
viz. Jharkhand and Maharashtra are still awaited despite regular follow up.
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